Not everyone likes his or her job. Maybe the hours are long, the work is difficult, the boss puts on a lot of pressure or the customers are demanding. There is a big difference between a stressful workplace and a hostile work environment. People who are forced to endure discrimination based on a protected class can seek compensation, whether it occurred once or repeatedly.
People who believe they have suffered discrimination may not know where to start. Do they talk to their boss? Do they go to a human resources department? Do they file a claim with the United States Equal Employment Opportunity Commission (EEOC)? On the other hand, can they go straight to court with their claims?
The best answer is to discuss your individual situation with an attorney. Many state and federal laws could affect your case in Maryland. In addition, there are steps particular to your situation that your attorney may suggest you take. Do not rely on this post as legal advice.
The EEOC enumerates a few things you should know about filing lawsuits based on a claim of race, religious, sex, pregnancy, national origin, age or genetic information discrimination.
- You must obtain a “Notice of Right to Sue” from the EEOC. You do this by filing a charge with the agency. The EEOC may conduct an investigation prior to issuing this notice, and you have 90 days in which to file the lawsuit.
- There are exceptions. If you choose to bring a file a claim under the federal Equal Pay Act, you do not need to file a charge with the EEOC. If you file a claim based on age discrimination, you must file a charge with the EEOC and bring a lawsuit after 60 days but no later than 90 days after the completion of any investigation, but you do not need the notice.
- More than one law may apply to your situation. You can bring a claim, for instance, under the Equal Pay Act and avoid having to file a charge with the EEOC. However, it is important to consider whether the benefits of filing under another law, for instance under Title VII, may outweigh the ability to file a lawsuit right away.
- There is a different process for federal employees and individuals who were discriminated against during the application process.
As previously noted, there are many other factors that will affect your rights and your case.